SEXUAL ASSAULT: SIWC consent age of 16 improperly applied to sexual assault in trial involving 14-year-old, counsel ineffective for not offering instruction with consent age of 14 for sexual contact… conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]
Archives for September 2019
DUI, officer’s chat with Defendant re tire deflation
DUI/DRUGS: Officer’s chat with Defendant on way to investigate allegation that he deflated ex-wife’s tires properly escalated into DUI investigation and subsequent DUI and pill charges… Langton affirmed (IOR I-3(c)). [Read more…]
Age/sex discrimination, art teacher applicant
AGE/SEX DISCRIMINATION claims by art teacher applicant rejected on summary judgment… Dayton. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Settlement, alleged 5th-wheel trailer misrepresentation
SETTLEMENT: “Significant” amount in settlement of claim of misrepresentation by 5th-wheel trailer dealership on remand from Supreme Court ruling that complaint could be amended 2 years after original complaint to add misrepresentation and that judgment was improperly granted to dealership. [Read more…]
Truck driver entitled to PTD, not TTD
Petitioner not entitled to TTD because he was MMI when benefits were terminated and has remained at MMI, but is entitled to PTD/medical from 1/15… Sandler. [Read more…]
Settlements
Plan I
Robert Elam, left knee, 9/09, low back, 11/09, Petitioner alleges related right knee, bilateral shoulder, neck, and low back pain as a result of left knee injury, MMIA has denied liability for the related pains, $620,163 ($265,464 self-administered MSA) for all claims, stipulated judgment; Russell Plath for Elam, Morgan Weber for MMIA [Read more…]
Cattle guards, settlement agreement, no “cabling”
CATTLE GUARDS: Settlement agreement properly construed to preclude “cabling”… Laird affirmed (IOR I-3(c)). [Read more…]
Contract, bail bond business Sale Agreement
CONTRACT: Defendants’ exhibit of bail bond business Sales Agreement purported underwriting terms attachment properly rejected as rebuttal evidence since it was not offered to counter new evidence… Sales Agreement properly found unambiguous, judgment properly entered for Plaintiff… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]